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MATTER OF PRIEVO v. URBANIAK

64 A.D.3d 1240 (2009)

882 N.Y.S.2d 796

In the Matter of ELAINE J. PRIEVO, as Executrix of FRANK J. MATUSZ, Also Known as FRANCIS J. MATUSZ, Deceased, Respondent, v. LUCIAN URBANIAK, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided July 10, 2009.

It is hereby ordered that the decree so appealed from is unanimously reversed in the interest of justice without costs and a new trial is granted.

Memorandum: Respondent appeals from a decree of Surrogate's Court, directing that certain assets be turned over to petitioner. The decree was entered upon a jury verdict finding that the transfer of the assets to respondent by Frank J. Matusz (decedent) had been effected through...

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